Full Breakdown
Elon Musk Ordered to Testify in Election Giveaway Lawsuits
6/26/2026, 11:18:20 PM
Court Order: Musk Must Testify
On June 25 2026, Magistrate Judge Susan Hightower of the Western District of Texas ordered Elon Musk to testify under oath in two proposed class-action suits. She recommended that a fraud claim proceed and that a breach-of-contract claim be dismissed. District Judge Robert Pitman will decide whether to adopt the recommendations.
Giveaway Overview and Parties
America PAC, founded by Musk in 2024 to back Donald Trump’s campaign, announced a daily $1 million prize at an October 2024 Pennsylvania town-hall. Participants were asked to sign a petition supporting the U.S. Constitution, with material claiming winners would be chosen “randomly.” Plaintiffs Joy Harvick and Jacqueline McAferty allege the giveaway was a pre-text to collect personal data and recruit spokespeople.
Timeline of Key Events
- Oct 2024 – Musk unveils $1 million-a-day giveaway at a Pennsylvania town-hall.
- Oct 2025 – District Attorney Larry Krasner files suit labeling it an illegal lottery.
- Feb 2026 – America PAC director Christopher Young testifies he was “surprised” by Musk’s description.
- Jun 25 2026 – Judge Hightower orders Musk to testify and recommends a fraud claim.
Official Statements & Responses
Judge Hightower said the fraud claim hinges on whether Musk’s “random” payout claim was reckless. Plaintiffs say the giveaway harvested personal data and secured spokespeople. Musk’s lawyers argue it was a promotional incentive, not a payment for voting. Rick Hasen noted that paying people to register to vote is prohibited, but compensating petition signers is not illegal, though the voter-registration eligibility requirement raises concerns.
Criticism & Opposition
The Harvick and McAferty suits allege fraud, saying the giveaway was not random and misled participants into providing personal data. District Attorney Larry Krasner’s suit calls it an illegal lottery. Critics argue the practice may violate election-law bans on paying voters or influencing behavior, and that selecting winners as spokespeople defeats the advertised randomness.
Verbatim Quotes
- “The only thing we ask for the million dollars is that you be a spokesperson for the petition,” — Elon Musk, CEO
- “She cited testimony from America PAC Director Christopher Young, who said during a February 2026 deposition that he was "surprised" by Musk's description because it did not match how the program had been designed after consulting with lawyers.” — Christopher Young, Director
- “It was not the way that we had — you know, with legal counsel and consultation, discussed the program and how it would run,” — Christopher Young, Director
- “If all he was doing was paying people to sign the petition, that might be a waste of money. But there’s nothing illegal about it,” — Rick Hasen, Professor
Conflicting Reports & Gaps
Sources differ on the number of winners: some filings cite 18, others mention 19. Neither Musk’s attorneys nor the plaintiffs’ counsel have commented on the breach-of-contract claim. The fraud allegation’s scope remains unresolved pending Judge Pitman’s review.
What’s Next
Judge Robert Pitman will rule on adopting Hightower’s recommendations and on the motion to dismiss the remaining claims. His decision will determine if the fraud claim proceeds and could shape future political fundraising practices.
